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April 25, 2023 | New Jersey Law Journal

NJ Federal Court Stops Short of Dismissal as Discovery Sanction in Home Depot Products Liability Case

"Rather than acknowledging the existence of the photographs and videos and providing a privilege log, Plaintiff's counsel's conduct resulted in concealment of the existence of the documents," said U.S. Magistrate Judge Ann Marie Donio of the District of New Jersey. "Plaintiff's counsel fails to proffer any justification—let alone substantial justification—for failing to disclose the existence of these documents through a privilege log."
5 minute read
April 25, 2023 | Insurance Coverage Law Center

Franks v. State Farm Mut. Auto. Ins. Co.

The policyholders claimed they should have been offered another opportunity to waive stacking for UM/UIM coverage when they removed a vehicle from their auto policy.
13 minute read
April 25, 2023 | Insurance Coverage Law Center

A Purchase by Any Other Name: No Second Chance for Stacking After Removing Vehicle From Policy

A unanimous Pennsylvania Supreme Court has ruled that removing a vehicle from an auto policy does not create another opportunity to waive stacking for UM/UIM coverage.
3 minute read
April 21, 2023 | Insurance Coverage Law Center

John Moriarty & Associates, Inc. v. Zurich American Insurance Co.

The Appeals Court of Massachusetts reversed the dismissal of claims against an insurance company after it admitted it had a duty to defend its insured in an underlying matter but refused to do so, remanding its insured's allegations of breach of contract and unfair or deceptive practices.
27 minute read
April 19, 2023 | The Legal Intelligencer

Unanimous Pa. Supreme Court Declines to Expand Opportunities to Re-Waive UIM Stacking

"It's certainly going to limit the ability of claimants to recover, and it shifts the burden from the insurance companies onto those claimants to comply with the law," said James Hockenberry, a partner with the Law Office of Leon Aussprung who represented the plaintiffs.
3 minute read
April 18, 2023 | Law.com

Data Mapping: Leave No Data Behind

Why Data Mapping Is a Critical Exercise for Corporate Legal Departments Data mapping is the process of figuring out what information a company gathers, where it is kept and how it moves across the company. This article examines the importance of data mapping for corporate legal departments and how it fits into a larger strategy.
15 minute read
April 17, 2023 | Daily Report Online

Couple Sues State Farm Over Disputed Property Damage Claim

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
April 11, 2023 | Insurance Coverage Law Center

State Farm Policy Gets 'Lost in Translation' For Georgia Homeowners

The homeowners contended that, based on the language of their homeowners policy with State-Farm, the partial relief they received for post-damage repairs was not enough. State Farm disagreed.
5 minute read
April 04, 2023 | Daily Report Online

Can a Jury Change the Rules of an Insurance Policy? Ga. Appeals Court Set to Decide

While the plaintiffs had received some relief for the damages in 2017, they contended it wasn't nearly enough to actually conduct the needed repairs and took the issue to court. The jury agreed. The appeals court is reviewing the verdict.
4 minute read
March 30, 2023 | The Legal Intelligencer

Pa. Supreme Court Completes U-Turn on Validity of Household Exclusion

Back in 2019, in the case of Gallagher v. GEICO Indemnity, 201 A.3d 131, 138 (Pa. 2019), the Pennsylvania Supreme Court ruled that the household exclusion, found in automobile insurance policies, violated Pennsylvania's Motor Vehicle Financial Responsibility Law and was, therefore, not enforceable under any circumstance.
13 minute read

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